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  1. Update: This morning I checked my mail and received a letter from Rausch Sturm. It is dated 8/1/19 and references the debt that they already are suing me for. They mention nothing about the lawsuit in the letter. Just offering a payment plan for the full amount. Should I just ignore this letter and continue filing for the discovery request?
  2. Can anyone help with a template of the discovery request?
  3. Cbrockett do you have an update? I also live in Fort Bend County and recently sued by PRA.
  4. Update: I submitted a MTC to the court. Do I have to wait to get an answer or update from the court before filing with JAMS?
  5. @texasrocker I went by the office of the JP yesterday and learned I just need to submit a motion to request discovery. What do I need to include in this discovery request?
  6. Thanks for all the feedback everyone. I checked this morning and an order was updated. I have attached what it says. It says it's an order to control discovery and schedule. Order.docx
  7. I'm hoping to hear if someone else has received a summons with Discovery already being asked for. I thought it was odd that he received the petition along with first discovery requests. My own suit by the same law firm was sent differently. I'm hoping we still have a chance to try arbitration.
  8. Hello. Before finding this site my husband was served for a lawsuit by PRA. I tried to respond using the attached form. Really didn't know what I was doing, but I wanted to avoid a default judgment. Now, the answer was accepted and the newest update online is there is a bench trial scheduled for 2-11-20. What do you all suggest my next move be? Should I try to file a MTC for arbitration? Original Creditor: Synchrony Bank (SAMS CLUB) Amount: $1,301.59 He was served in person at home. Account opened Oct 2013. Last payment made April 2017. We live in TX. In the summons, there is a section about discovery and they are requesting a lot of information. I've included some snips of the summons. What is our next move? I didn't think they would request discovery from us. Is this the norm? Civil Answer-redacted.pdf Snips of Summons.docx
  9. Thank you, I just filed this morning and I will contact the court to ask about discovery.
  10. Thanks for the quick response @texasrocker. After I file, do I just wait for a response from their lawyer?
  11. 1. Who is the named plaintiff in the suit? Portfolio Recovery 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm 3. How much are you being sued for? $2358 4. Who is the original creditor? (if not the Plaintiff) WFNB Bealls 5. How do you know you are being sued? (You were served, right?) Served in person 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Letters, nonstop calls 9. What state and county do you live in? Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? Nov 2008 12. What is the SOL on the debt? To find out: No 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served-need to respond in 14 days 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None 18. How did you find out about this site? Google